Terms of service & user agreement

preambule

  • 1. RELATIONS WITH smartsy®

    • 1.1 The use of applications, services, products, software and web or mobile Smartsy® sites (hereinafter referred to collectively as "Services") is governed by the terms of a legal agreement between you and Smartsy®. "Smartsy®" means the company Smartsy Corp. whose registered office is 440 N. Wolfe Rd, Sunnyvale, CA 94085, USA. This document sets out the content of the legal agreement referred to hereabove.
    • 1.2 Unless explicitly stated otherwise, the agreement between you and Smartsy® always includes at least the Terms of Service set forth in this document.
    • 1.3 The legal agreement between you and smartsy® also includes terms of all legal requirements applicable to the Services, in addition to the General Conditions. These are called "Special Conditions" in this document. When special conditions apply to a Service, they can be accessed through the Service or during use.
    • 1.4 The General Conditions and Special Conditions (hereinafter referred to collectively as "Terms") form between you and Smartsy ® a legal agreement relating to your use of the Service. You should read these Terms carefully.
    • 1.5 For a specific Service and in the event that the Special Terms and Conditions are contradictory, it is the Special Conditions that are prevailing.
    • 1.6 Smartsy® is free to change at any time these Terms, in particular to take into account any legal, judicial, editorial and / or technical evolution. The prevailing version is the one which is available online at the following address: http://www.Smartsy-app.com
  • 2. ACCEPTANCE

    • 2.1 Prior to use the Services, you must first accept the Terms. If you do not accept these conditions, you can not use the Services.
    • 2.2 To accept the Terms you must click on the option to accept the conditions when this option is made available by Smartsy® in the user interface that is concerned. The direct use of the Service by you implies that you acknowledge and agree that Smartsy® considers that your use of the Service constitutes acceptance of the Terms.
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  • 3. LANGUAGES

    • Assuming that Smartsy® offers a translation of the French version of the Terms, you acknowledge and agree that this translation is offered for informational purposes only and that the French version shall prevail.
  • 4. COPYRIGHT

    • 4.1 The Services are implemented using software and technologies owned by Smartsy® and, as such are protected by the Code of intellectual property and international documents and treaties relating thereto.
    • 4.2 You acknowledge and agree that no intellectual property right on any or all parts of software and technology is transferred to you, nor to the benefit of any third party.
    • 4.3 You agree not to make any "reverse engineering" of Smartsy® Services and software on which they are developed, not to compile or disassemble the software and / or Services Smartsy® developed on this software, nor to modify or create derivative works based on any or all parts of the software and / or Smartsy® Services, nor to distribute or disseminate copies of software and / or Smartsy® Services, nor to remove or delete any proprietary information on services, nor to sell, lease, sublease or transfer in any manner whatsoever any right related to software and / or Smartsy® Services.
    • 4.4 You acknowledge and agree that Smartsy® Content and Services contain advertisements or information protected especially in France and the EU by the Code of intellectual property.
    • 4.5 Smartsy®, SmartApp Generator™, SmartCoin®, SmartSystem®, Smartsy®, SmartSeen®, SmartDev™, SmartVisu™, logos and other versions of images or graphics of Smartsy®, page headers, button icons, buttons, scripts, service names, registered trademarks, commercial and service brands, or any other commercial vehicle of Smartsy® have inherent meaning and substantial value because of the limitation of their use. They should not be used in connection with any product or service that is not owned by Smartsy® and always after the agreement and the formal permission granted by Smartsy®. Any use of these brands that would not have been authorized by Smartsy®, shall constitute a violation of rights.

access to services

  • 5. OFFERING OF SERVICES BY smartsy®

    • 5.1 Smartsy® may offer its services through companies and affiliated legal entities around the world. These companies can provide you with some Services on behalf of Smartsy ®. Hereby you acknowledge and agree that these companies and Smartsy ® affiliates are allowed to provide you with these services.
    • 5.2 In order to provide our users with the best possible service, Smartsy® has to continuously innovate. You acknowledge and agree that Smartsy® is led to modify, in its sole discretion and without former notice, the form and nature of the Services, or temporarily or permanently discontinue to provide them.
    • 5.3 You acknowledge and agree that if Smartsy® disables one Service, or the access to your account, you coud then be unable to access the services, files or other material contained in your account.
    • 5.4 You acknowledge and agree that Smartsy® reserves itself the right in its sole discretion to limit the number and volume of transmissions you may send and receive through the Services.
  • 6. REQUIREMENTS FOR ACCESS TO SERVICES

    • 6.1 The use of the Services requires compatible hardware and Internet access and some software (some of which may be provided against a fee). It is your responsibility to make sure your hardware and software are compatible with the Services and that they do not interfere.
    • 6.2 You understand and agree that you solely are responsible for the cost of your fixed or mobile Internet access and that access costs may apply for certain online services available through the Services.
    • 6.3 The use of the Services may require updates. The latest version of the Smartsy® software and applications is recommended to access the Services and may be required to perform certain transactions or use certain features. These updates are designed to improve and develop the Services and may take the form of bug fixes, improved functionality, new software modules and new versions.
    • 6.4 You understand and agree that compliance with these requirements, which can be changed periodically, is your sole responsibility.
    • 6.5 The Services are not part of any other product or offering, and no purchase or acquisition of any other product whatsoever shall be considered as giving you or guaranteing you access to the Services.
    • 6.6 In exchange for free access notably to the Smartsy® application for smartphones you agree and authorize Smartsy® to link to content that you access on any of the Services any form of advertising or promotional links, such as text, images, video or sound chosen by Smartsy® and / or its suppliers or affiliates. This authorization does not imply that you can claim any remuneration or compensation in connection with this authorization.
  • 7. REGISTRATION TO THE SERVICES

    • 7.1 During the process of registration or use of certain Services, you will be asked to provide personal information about you such as your identity or contact information. You agree that any registration information you provide to Smartsy® will always be accurate, valid and up to date and that it will always be possible to reach you at the email address entered on the form when creating your account.
    • 7.2 When you register, you agree not to create a false identity likely to mislead Smartsy® or third party and not to impersonate another person or entity.
    • 7.3 In the event you provide false, inaccurate, misleading or likely to mislead information, Smartsy® reserves the right to suspend or terminate your personal account without notice or compensation. Smartsy® also reserves the option to temporarily or permanently deny you access to all or to parts of the Services.
  • 8. SECURITY OF YOUR ACCESS

    • 8.1 You acknowledge and agree that it is your responsibility to ensure the confidentiality of passwords associated with accounts that you create and use to access the Services.
    • 8.2 You acknowledge and agree thatbeing solely responsible towards Smartsy® for all activities of any kind made with your account, you must immediately inform Smartsy® of any unauthorized use of your password or account .
  • 9. SPECIAL RULES FOR MINORS TO ACCESS SERVICES

    • 9.1 It is up to parents, legal guardian and any person exercising parental authority to determine what services a minor is allowed to use.
    • 9.2 Children under the age of 13 are not allowed to register for services.
    • 9.3 The minors over the age of 13 are allowed to register for services on the express condition that they first obtained from parents or legal guardian permission to do so. Smartsy® reserves the right to request written proof at any time and to remove without notice any account without paying compensation and access to a minor who does not have this authorization.
    • 9.4 Smartsy® will immediately delete any personal account opened by a minor upon receipt of a parental request to close the account and its contents.
  • 10. TERMINATION OF RELATIONSHIP WITH SMARTSY®

    • 10.1 The Terms will apply until Smartsy® or you will terminate them as specified below.
    • 10.2 If you wish to terminate your legal agreement with Smartsy®, you can do so by (a) warning Smartsy® at any time and (b) closing your accounts for all the services you use, when this option is open for you by Smartsy®. The termination will occur within 7 days of receipt of the request for termination by Smartsy® if you subscribe to paid services and will be immediate if otherwise.
    • 10.3 The content associated with the deleted account cannot be restored later. Upon termination at your request, your Content may be returned in a digital format subject to a standard administrative fee if you make the request provided that such application is made before the termination of the Services. Otherwise, you are responsible, under your sole responsibility and to save your content, if any, on your own storage device, prior to your termination request.
    • 10.4 At any time, Smartsy® may terminate the legal agreement concluded with you if one of the following situations occurs:
      (A) you have violated the provisions of these Terms, or you acted in a way that makes it clear that you do not intend to comply with these provisions or that you cannot comply with them; (B) your use of the Services is likely to prejudice the rights of others, is contrary to the laws and regulations, morality or public order; (C) the Services will automatically and immediately terminate, without formality of any kind for non-payment of pay services or features, whatever the cause; In all cases mentioned above, you will not be able to access the Services any more, your content and all your personal information will either be removed by Smartsy® or denied access to anyone. Smartsy® assumes no liability to you or third parties for information and content that would be deleted.
    • 10.5 In addition, you acknowledge and agree that Smartsy® can terminate the legal agreement with you in the following cases:
      (A) Smartsy® is obliged to terminate this Agreement in accordance with a court order (for example, or when it becomes illegal to provide you with the Services);
      (B) the partner in association with which Smartsy® provided you with the Services has terminated its relationship with Smartsy® or ceased to provide you with the Services;
      (C) Smartsy® is not able to provide the Services to users in your country of residence or the country from which you use the Services;
      (D) the offer of Services by Smartsy® is no longer viable from a commercial point of view according to Smartsy®.
    • 10.6 Upon the expiration of these Conditions, no legal rights, obligations and liabilities that you and Smartsy® have received, were conerned with (or that have appeared over time as conditions were valid) or which are expected to continue indefinitely, will be affected by the termination of this agreement. In addition, in all cases of cancellation, no refund can be made by Smartsy® for your benefit. Any services subscribed during the period will be due to Smartsy® and charged to your payment method.

CONFIDENTIALITY AGREEMENT

  • 11. COMMITMENT TO PRIVACY AND PERSONAL INFORMATION

    • 11.1 Smartsy® estimates that protecting your privacy is of the highest importance. This commitment of confidentiality applies to how Smartsy® collects, uses, transfers and keeps your data.
      In accordance with French law 78-17 of 6 January 1978 relating to data, files and freedoms, Smartsy Services ® has been declared to the Commission nationale de l'informatique et des libertés (CNIL) under number 1527104 v 0.
    • 11.2 The personal data (or "personal information") are data that can be used to identify you in a unique manner or to contact you personally.
    • 11.3 You may be required to disclose your personal data at any time when you are in contact with Smartsy® or an affiliate of Smartsy®. Smartsy® and its affiliates may exchange personal data and use them in accordance with this confidentiality agreement. They can also combine them with other information to provide and improve their products, services, content and advertising.
    • 11.4 The personal information you may need to voluntarily communicate to Smartsy® when using the Services are of different nature and may include a range of information such as your name, postal address, phone number, email address and your credit card data.
    • 11.5 A part or all of this information is requested from you when you register for services, edit and save your content, get a credit of payment (eg "SmartCoins") or a commercial credit, when you buy a product or service .
    • 11.6 When you share your content with other persons during use of the Smartsy® Services, when you send messages, promotions, gift certificates and products, or invite others to contact you, Smartsy® can collect the information you provide on these individuals (eg name, address, email address and telephone number).
    • 11.7 The personal information collected by Smartsy® allow you to get the latest ads, products, software updates and upcoming initiatives of Smartsy®. They also help to improve Smartsy® services, its contents and advertisements. In this respect, your personal data can be used for internal purposes, such as audits, data analysis and research to improve products, services and communications aimed at clients of Smartsy®.
    • 11.8 Smartsy® may use your personal information to periodically send you important notices, such as communications on purchases and changes in conditions and charters. This information being important for your relationship with Smartsy®, you can not object to receiving such communications.
  • 12. COMMITMENT TO PRIVACY AND PROTECTION OF PERSONAL DATA

    • 12.1 Smartsy® takes precautions - including administrative, technical and physical - to protect your personal information against loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction.
    • 12.2 Smartsy® online services, such as SmartApp Generator ™ or SmartCoins ®, use Secure Sockets Layer (SSL) on all web pages where personal data are collected. To purchase these services, you must use an SSL browser. This will preserve the confidentiality of your personal data during transmission over the Internet.
    • 12.3 Smartsy® allows you to maintain the accuracy, updating and integrity of your personal data. Smartsy® keeps your personal data for the period necessary for the purposes outlined in this legal agreement, unless a longer retention period is required or permitted by law.
    • 12.4 You can always make sure your contact information and personal data are accurate, complete and up to date by logging into your account on the site http://www.Smartsy-app.com For other personal data, we strive in good faith to give you access enabling you to ask us to correct the data if they are inaccurate or to delete them, if Smartsy® is not obliged to keep them for legal reasons or for legitimate business purposes. We may refuse to process applications excessively repetitive, requiring disproportionate technical effort, jeopardizing the privacy of third party, requests that are extremely difficult to implement or to which access is not otherwise imposed by law applicable.
  • 13. PRIVACY POLICY AND COLLECTION OF NON PERSONAL INFORMATION

    • 13.1 Smartsy® also collects data of non-personal nature (including data under a format that does not allow us to do a direct connection with someone in particular). You understand and agree that Smartsy® may collect, use, transfer and disclose non-personal information for any purpose whatsoever.
    • 13.2 The non-personal data that Smartsy® is able to collect is information such as language, zip code, area code, the unique identifier of the device, the location and time zone in which your computer or mobile phone are used to help us better understand your behavior and improve our products, services and advertisements.
    • 13.3 When you access the Smartsy® services from a computer, a mobile phone or other device, Smartsy® is able to collect, from the device, information on the type of browser, your current location and your IP address and the pages you visit.
    • 13.4 These data are collected and used to help Smartsy® to provide more useful information to its users and to understand how their services are used. The data collected are considered non-personal information under this confidentiality agreement. If Smartsy® should combine non-personal information with personal data, the data will be combined and treated as personal data as long as they remain associated.
  • 14. COMMITMENT TO PRIVACY - COOKIES AND OTHER TECHNOLOGIES

    • 14.1 You understand and agree that the website, online services, interactive applications, e-mail, advertisements and generally Smartsy® Services are able to use "cookies" and other technologies such as web tags or "pixel tags". Smartsy® uses this data to understand and analyze trends, administer the Services, to know the user behavior and collect demographic information about all its users. Smartsy® may use this information for its marketing and advertising services.
    • 14.2 These technologies allow Smartsy® to better understand user behavior, indicate which parts of the Services are the most used, and facilitate the measurement of the effectiveness of advertising and Internet exchanges. The objectives of Smartsy® is to make your use of the Services more convenient and customized, adjust according to your needs the operating system of the Services, and provide you with a better customer service.
    • 14.3 Smartsy® addresses as non-personal information the data collected by cookies and other technologies. However, when the IP (Internet Protocol) or similar identifiers are considered personal data by local law, Smartsy® will also address these identifiers as personal data. Similarly, when non-personal information are associated with personal data, Smartsy® will address associated information as personal data under this confidentiality agreement.
    • 14.4 Smartsy® and its partners may use cookies and other technologies in advertising services on mobile phones to check the number of times you see a given ad, to send you advertisements related to your interests and measure the effectiveness of advertising campaigns. If you do not want to receive advertisements at this level of relevance on your mobile phone, you can oppose it ("opt out") by specifying it in the form located at: http://www.Smartsy-app.com. If you object, you will still receive the same number of ads on your mobile phone, but these may be less relevant as they will not be related to your interests. You can still see ads on the content of a web page or in an application or based on other non-personal information. This rejection or "opt out" applies only to Smartsy® advertising services and does not affect the ads based on your interests from other ad networks.
    • 14.5 You have the option to disable cookies by modifying the options of most Internet browsers. However you understand and agree that certain features of Smartsy® Services will no longer be available if cookies are disabled.
  • 15. CONFIDENTIALITY UNDERTAKING and LBS

    • 15.1 You understand and agree that Smartsy® and its partners, affiliates and licensees may collect, use and share precise location data, including geographic location, including real-time mobile phone.
    • 15.2 The location data is collected anonymously in a format that does not allow to identify you and are used by Smartsy® and its partners, affiliates and licensees to provide and improve products and services related to location-based features.
  • 16. PRIVACY POLICY AND DISCLOSURE TO THIRD PARTIES

    • 16.1 Smartsy® can sometimes make certain personal information available to strategic partners working with Smartsy® for the supply of products and services or helping Smartsy® to market its products to customers.
    • 16.2 Once your account to the Services is activated, it will be governed by the respective privacy policies of Smartsy® and its provider. Personal data will only be shared by Smartsy® to provide or improve its products, services and advertising; they will not be shared with third parties for marketing purposes.
    • 16.3 You understand and agree that Smartsy® can share personal information with companies that provide services such as information processing, the execution of customer orders, product delivery, management and development of customer data, the providing of customer service, assessment of your interest in our services and surveys of satisfaction or customer development. These companies are required by their contractual relationship with Smartsy® to protect your data and can be in any country where Smartsy® operates.
    • 16.4 Smartsy® can be conducted - because of the law, because of legal proceedings, a litigation and / or by request of public authorities in your country of residence or otherwise - to disclose your personal data .Smartsy® may also determine that the disclosure of your data is necessary and appropriate for the purposes of national security, law enforcement or other public issue.
      We may also disclose your information if we believe that disclosure is reasonably necessary to enforce compliance with our terms and conditions or protect our activities or our users. In addition, in case of restructuring, merger or sale, we can transfer any personal information we collect to third party.

USE AND CONTENT OF SERVICES

  • 17. USE OF SERVICES

    • 17.1 You agree to use the Services only for purposes authorized by the Terms and also by legislation, jurisprudence, rules, guidelines or practices generally recognized by the jurisdictions of your country.
    • 17.2 Unless expressly authorized by Smartsy® under the form of a separate agreement, you agree not to access or attempt to access the Services by any means other than the interface or interfaces provided by Smartsy®. This prohibition applies to any means of access whether automated or not.
    • 17.3 You agree not to interfere, by any means whatsoever with the Services or servers or networks connected to the Services or to interrupt them.
    • 17.4 Except as expressly authorized Smartsy® is the subject of a separate agreement, you agree not to reproduce, duplicate, copy, sell, resell or market the Services for any purpose whatsoever.
    • 17.5 You acknowledge and agree to be solely responsible for any violation of obligations under the Terms and Conditions and acknowledge that Smartsy® has no responsibility to you or any third party. You also agree to be responsible for the consequences that such violations may have. These consequences include the loss or damage that Smartsy® could suffer of.
  • 18. CONTENT SERVICES

    • 18.1 The term "Content (s)" designates information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you can access as part of the Services, or material accessible via the latter including the Smartsy® mobile application.
    • 18.2 You agree and acknowledge that all these information are under the sole responsibility of the organizations or individuals who publish contents and not under the responsibility of Smartsy®. As a simple hosting provider for Content, Smartsy® cannot be held responsible for the use made of the Services or Content displayed, posted, sent, received or transmitted by users of the Services or present on the services of third parties.
    • 18.3 You acknowledge that the Content made available through the Services, including, without being restricted to them, advertising integrated to services and sponsored content within the Services, may be protected by intellectual property rights held by publishers or advertisers who provide content to Smartsy® (or other persons or companies acting on their behalf). Except express authorization by Smartsy® or owners of contents under the form of a separate agreement, you may not modify, rent, lend, sell or distribute totality or part of the content or create derivative works from them.
    • 18.4 Smartsy® reserves the right, but with no obligation to do so, to check (before), review, tag, filter, modify or refuse any content available through the Services.
    • 18.5 You understand that by using the Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. You also agree that, in this context, you use the Services at your own risk.
    • 18.6 Smartsy® also allows any person to report all data constituting an infringement of the laws and regulations. Thus, under the French law of 21 June 2004 on confidence in the digital economy, Smartsy® sets up a signaling device accessible and visible to users of services including Smartsy® mobile application to report any data that glorify crimes against humanity, inciting racial hatred or child pornography, inciting violence or prejudicial to human dignity, and against violations of French law of 29 July 1881 on the freedom of the press.
    • 18.7 You agree to be informed that if Smartsy® is warned by a third party or by any means whatsoever of the illegality of any Content available through the Services or transmitted by the Services, Smartsy® have the right to immediately remove such Content or to make access impossible, under French law and will transmit such content and identity of the editor to the judicial authorities.
  • 19. PUBLICATION OF CONTENT BY PUBLISHERS

    • 19.1 Smartsy®, particularly through its SmartApp Generator ™ Service is a hosting provider that provides any registered member (hereinafter referred to as "Editor (s)") a service platform on which it can create and manage one or more "content" (mobile web application with multimedia content). Some of these services are free, others charge fees or require knowledge of additional conditions according to the level of service selected by the Editor.
    • 19.2 Except express authorization by Smartsy® under the form of a separate contract, the content of editors are likely to receive any type of advertising. The editors explicitly recognize and accept this beforehand, without any restriction.
    • 19.3 To be editor of content with Smartsy® Service, one has just to create an account, fill in completely and correctly the information requested in the registration form and accepts the Terms.
    • 19.4 To become content publishers, it is imperative also to comply with identification requirements provided for by French law on confidence in the digital economy of June 21, 2004. This law distinguishes between those whose business is to publish a communication service to the public with a professional status and those editing with a non-professional status.
    • 19.5 The Publishers whose content is of a professional nature must send to Smartsy® information which will be made available to the public in an open standard:
      (A) In the case of physical persons, their full name, address and telephone number and, if they are registered as a legal entity, the number of registration;
      (B) In the case of corporations, their name or business name and registered office, telephone number and, in the case of companies subject to the formalities of registration of trade and if they are registered as a legal entity, the number of registration, the social capital, the address of their headquarters;
      (C) The name of the director or co-editor and, where applicable, the Managing Editor within the meaning of Article 93-2 of Law No. 82-652 of July 29, 1982.
    • 19.6 The publishers whose content is not of a professional nature must transmit to Smartsy® personal information when they register for services, but to preserve confidentiality, this information will not be made available to the public. They may however be communicated to Justice for violations of the provisions of Section 19.8 of these Conditions or if abuse was reported to Smartsy® within the meaning of hereabove Article 18.6.
    • 19.7 The content editor whether professional or not expressly acknowledges that, as author and publisher of the contents, it publish them (whether published texts, images, files, data, hyperlinks, software, code or other content) under its sole responsibility, both civil and penal. You acknowledge and agree that Smartsy® assumes no responsibility whatsoever towards contents published by publishers for their possible threatening, unconstitutional, vulgar, racist, pornographic, defamatory, abusive, offensive, criminal nature or for degrading or violating the code of intellectual property or infringing trademark rights.
    • 19.8 As an author and publisher of the Content, the publisher is committed to respect and ensure respect in its content towards laws and regulations enforced in France and in the country in which it resides.
      In addition, the Content Editor will not:
      (A) hurt or harm minors in any form whatsoever;
      (B) impersonate another person or entity, including pretending being an official representative of Smartsy® or partner of the Service;
      (C) transmit in any manner whatsoever any content that infringes the patents, trade secrets, trademarks, code of the intellectual property, rights of privacy or publicity or other rights of any party whatsoever;
      (D) transmit in any manner any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      (E) manipulate identifiers in order to disguise the origin of any information or content posted via the Smartsy® Service;
      (F) violate any local, regional, national or international law;
      (G) promote or provide instructions or information about illegal activities, contrary to public order, violent or inciting to violence against individuals or groups of people, detrimental to human dignity or reports or inciting cruelty towards animals;
      (H) offer for sale any article, product or service that violates the laws or that he does not have all the rights, powers and legal authority to offer it or sell it, or find inappropriate Smartsy® for sale through the Smartsy® service;
      (I) behave to impair the image or reputation of Smartsy®.
  • 20. PROPERTY RIGHTS

    • 20.1 You acknowledge and agree that Smartsy® (or its licensors) owns all legal rights, title and interest, including, without limitation, all intellectual property rights relating to the Services or inherent to them (whether these rights are registered or not, and in all places in the world where those rights may exist). In addition, you acknowledge that the Services may contain information designated as confidential by Smartsy® and that you may not disclose such information without the prior written consent of Smartsy®.
    • 20.2 In the absence of written agreement between you and Smartsy®, the Terms do not allow you to use the trade names, trademarks, brands, service marks, logos, domain names or other distinguishing signs of Smartsy®.
    • 20.3 In addition to the limited licenses set out in Article 21 hereof, Smartsy® acknowledges and agrees according to these Terms that it will not acquire any rights, title or interest from you (or your licensors) on the Content you provide, post, transmit or display on or through the Services of these, including intellectual property rights relating to such Content (whether those rights are registered or not, and in all places in the world where those rights may exist). Unless there is a contrary written agreement between you and Smartsy®, you agree to be responsible for protecting and enforcing those rights and that Smartsy® has no obligation to protect or enforce these rights on your behalf.
    • 20.4 Unless written permission from Smartsy®, you agree, while using the Services, not to use any trademark, service mark, trade name, brand or logo of any company or organization that may create confusion on the owner or authorized user of such marks, names, brands or logos
  • 21. LICENSE RELATING TO YOUR CONTENTS

    • 21.1 The present Terms ensure that you retain copyright and any other rights you already hold on the Content which you submit, post or display on or through the services.
    • 21.2 You acknowledge and agree that by providing, posting or displaying any Content you grant to Smartsy® the permanent, irrevocable, worldwide, free and non-exclusive right (hereinafter named "License") to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content which you submit, post or display on or through the services. This license is for the sole purpose of enabling Smartsy to display, distribute and promote the Services and may be revoked for certain Services, in accordance with the Special Conditions of these additional services.
    • 21.3 You acknowledge and agree that this license includes the right for Smartsy® to make the Content available to other companies, organizations or individuals Smartsy® partners for the providing of syndicated services, and the right to use this Content in relation to the providing of these services.
    • 21.4 You acknowledge that Smartsy®, during the technical steps necessary to provide the Services to its users, may both transmit or distribute your Content on various public networks and in various forms and on the other hand, modify your Content in order that it is appropriate and consistent with the technical requirements associated with the connection to networks, devices, services or media. You agree that this License authorizes Smartsy® to undertake these actions.
    • 21.5 You confirm and warrant to Smartsy® you have all the rights, powers and authority necessary to grant the license hereabove referred to.
  • 22. OTHER TYPES OF CONTENTS

    • 22.1 You acknowledge that the Services may include hypertext links to other websites, other content or other resources.
    • 22.2 Smartsy® does not always control the sites and resources provided by companies or third parties ("Third Party Sites"). Therefore you acknowledge that Smartsy® cannot be held responsible for the availability of sites or external resources, and that Smartsy® does not endorse the content of these sites, resources or products on or available from such websites or resources. In addition, you acknowledge that Smartsy® assumes no responsibility for the content of third party sites or content to which the Third Party Sites may be redirecting.
    • 22.3 You agree and acknowledge that Smartsy® does not in any way be held responsible for loss or damage resulting from the availability of third party sites or resources, or for the confidence you have regarding the completeness, accuracy or existence of any advertising, products or other materials available on such websites or resources.

WARRANTY EXCLUSIONS

  • 23. WARRANTY EXCLUSIONS

    • 23.1 YOU EXPRESSLY AGREE TO USE THE SERVICES SMARTSY® AT YOUR OWN RISK AND AGREE THAT THE SERVICES ARE PROVIDED "AS THEY ARE" AND "IF AVAILABLE."
    • 23.2 SMARTSY® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, FAST, SECURE, FULLY COMPATIBLE WITH YOUR HARDWARE AND SOFTWARE SYSTEMS, OR EXEMPT FROM BAD CODES.
    • 23.3 IN PARTICULAR, SMARTSY®, ITS AFFILIATES AND SUBSIDIARIES AND ITS LICENSORS DO NOT GUARANTEE THAT ALL INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND THAT DEFECTS IN THE OPERATION OR AVAILABILITY OF THE SOFTWARE PROVIDED AS THAT PART OF THE SERVICES WILL BE CORRECTED.
    • 23.4 DOWNLOADING OR ACQUISITION BY ANY OTHER WAY OF ANY ELEMENT THROUGH USING THE SMARTSY® SERVICES IS OPERATED AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    • 23.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SMARTSY®, THROUGH THE SMARTSY® SERVICES OR THROUGH THE SERVICES SHALL CREATE ANY OTHER WARRANTY THAN THOSE EXPRESSLY STATED IN THESE TERMS.
    • 23.6 IN ADDITION SMARTSY® EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WETHER EXPLICIT OR IMPLICIT, INCLUDING, WITHOUT LIMITATION, IMPLICIT WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ADEQUATION FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
    • 23.7 IN GENERAL, YOU ACKNOWLEDGE AND UNDERSTAND THE CHARACTERISTICS AND LIMITATIONS OF ELECTRONIC COMMUNICATIONS NETWORKS, INCLUDING THEIR TECHNICAL PERFORMANCE, RESPONSE TIMES FOR CONSULTING, QUERYING OR TRANSFERRING DATA AND RISK TO COMPUTER SECURITY. YOU UNDERSTAND FURTHER THAT THE SMARTSY® SERVICES COULD BE INTERRUPTED, ESPECIALLY FOR TECHNICAL REASONS BEYOND THE CONTROL OF SMARTSY®, OR DUE TO MAINTENANCE OR UPDATES TO THE SERVICE. THEREFORE, SMARTSY® DOES NOT WARRANT THAT THE SERVICES WILL OPERATE CONTINUOUSLY OR THAT SPEED TRANSMISSION OF INFORMATION WILL BE CONSTANT; SMARTSY® IN NO EVENT SHALL BE LIABLE FOR ANY INDIRECT OR UNPREDICTABLE DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICES.

LIMITATION OF LIABILITY

  • 24. DISCLAIMER

    • 24.1 YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY OF SMARTSY®, ITS AFFILIATES AND SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE TOWARDS YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS THE WAY THESE WERE CAUSED OR ALLEGED LIABILITY, INCLUDING WITHOUT LIMITATION, LOST PROFITS (DIRECT OR INDIRECT), LOSS OF REPUTATION OR GOODWILL, LOSS OF DATA THAT YOU MAY SUFFER, THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY OTHER INTANGIBLE LOSS.
    • 24.2 YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY OF SMARTSY®, ITS AFFILIATES AND SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE TOWARDS YOU FOR ANY LOSS OR DAMAGE SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE RESULTING FROM TRUST YOU TESTIFY AS TO THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND AN ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
    • 24.3 YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY OF SMARTSY®, ITS AFFILIATES AND SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE TOWARDS YOU FOR ANY CHANGES BY SMARTSY® TO THE SERVICES OR RESULTING FROM ANY TEMPORARY OR FINAL TERMINATION OF SERVICES OFFER (OR ANY SERVICE FUNCTIONALITY) OR THE DELETION OF, CORRUPTION OF, OR INABILITY TO STORE CONTENT AND OTHER DATA COMMUNICATIONS MANAGED OR TRANSMITTED THROUGH THE SERVICES.
    • 24.4 YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY OF SMARTSY®, ITS AFFILIATES AND SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE TOWARDS YOU FOR ANY BREACH BY YOU AS TO THE TRANSMISSION TO SMARTSY® OF ACCURATE INFORMATION REGARDING YOUR ACCOUNT, ANY FAILURE ON YOUR PART AS TO THE PROTECTION AND CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT INFORMATION.
    • 24.5 IN GENERAL, YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY OF SMARTSY®, ITS AFFILIATES AND SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE RESPONSIBLE TOWARDS YOU FOR OR ANY THIRD PARTY FOR ANY DAMAGE WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS, BUSINESS, INTERRUPTION OR SIMILAR), RESULTING FROM THE USE OR INABILITY TO USE SMARTSY® SERVICES AND NOTWITHSTANDING THE FACT THAT SMARTSY® OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF SUCH DAMAGES ARE POSSIBLE.

LEGAL CONDITIONS

  • 25. LEGAL CONDITIONS

    • 25.1 You may need during your use of the services to use another service, to download software or purchase certain products supplied by a person or a third party. The use of these other services, software or goods may be subject to separate terms between you and such company or person. In this case, the Terms do not affect your legal relationship with these companies or individuals.
    • 25.2 You agree that Smartsy® can send you messages and notices, including those regarding changes to these Terms, by email, by post or through messages posted through the Services.
    • 25.3 You acknowledge and agree that if Smartsy® does not activate or enforce any right or recourse contained in the Terms (or which Smartsy® can benefit under the legislation) can never be considered a formal waiver by Smartsy® to those rights and that those rights or recourses will still be available to Smartsy®.
    • 25.4 In the event that a court of competent jurisdiction determines that any provision of these Terms is invalid, that provision will be removed from the Terms without no other provision be affected. Other provisions shall remain in full force.
    • 25.5 You acknowledge and agree that all members companies affiliated to Smartsy Group are third party beneficiaries of these Terms and that these companies are allowed to apply them directly and to rely on all the provisions of the Terms which confers them a benefit (or rights). No other person or company may be considered as third party beneficiary of the Terms.
    • 25.6 These Terms and the relationship between you and Smartsy under the Terms will be governed by French law, without regard to provisions in conflict of laws. You and Smartsy® agree to submit to the exclusive jurisdiction of the courts of Paris, France to resolve any legal issue related to Conditions. However, Smartsy® and you agree to submit any dispute arising hereof to a settlement before filing any legal action. Notwithstanding the foregoing, you acknowledge that Smartsy® remains able to seek injunctive procedure (or an equivalent emergency measure) from any jurisdiction in the world.

IDENTIFICATION OFSmartsy

  • 17. USE OF SERVICES

    • Smartsy® is web hosting provider and content
      SMARTSY CORP
      Headquarters: 440, N. Wolfe Rd, Sunnyvale, CA 94085, USA
    • Date of the latest version of the TOS Smartsy: 01/31/2012